Legislative Update March 22, 2013

Thanks to everyone who was able to join us for Women’s Day on the Hill last Wednesday!

The pace at the legislature has definitely picked up as they begin to close subcommittees and committees. Their goal is to finish by April 19, although later in April would still be earlier than usual. Major issues remain unresolved, including whether Tennessee will expand the Medicaid program to cover people between 100% and 138% of poverty. An announcement from the Governor on his position on that subject is expected in the near future.

Human Trafficking Bills Progress

One of the three bills with fiscal notes, featured in a recent report, has passed the Senate, so there is progress! All three are expected to sit “behind the budget” in the House Finance Committee until the appropriations bill begins to move, but things are looking pretty positive for them. Only one has not yet been acted on in Senate Judiciary, so our focus should be on it in the coming week. Thanks go to those of you who have contacted the Governor’s office about funding for these bills.

SB1029/HB416, by Sen. Kelsey and Rep. McCormick, is the one that remains in Senate Judiciary. It adds to the definition of criminal gang offenses the following: trafficking for commercial sex acts and receipt, or intended receipt, of income, benefit, property, money or anything of value from the commission of trafficking for commercial sex acts. This bill has now moved into the House Finance Subcommittee and is set for consideration on March 27. The fiscal note is $24,600, also for additional incarcerations.

We suggest contacts with the Senate Judiciary Committee to ask for support for this important legislation when it is scheduled. Committee members may be found at this link: http://www.capitol.tn.gov/senate/committees/judiciary.html (Not necessary to contact Sen. Kelsey’s office since he is the sponsor.)

SB446/HB129, by Sen. Overbey and Rep. Coley, would expand the offense of solicitation of a minor to include trafficking for commercial sex acts, patronizing prostitution, promoting prostitution, aggravated sexual exploitation of a minor. The fiscal note is an estimated additional $41,300 per year for additional prosecution and/or incarceration. This bill has now passed the Senate but remains behind the budget in the House Finance Subcommittee.

SB447/HB131, also by Overbey and Coley, changes the definition of “sexual servitude” to “commercial sex acts.” It establishes a Class A felony for “criminal gang members” committing trafficking for commercial sex acts, and it eliminates the commonly used defense that the victim of the offense is a minor and consented. It also creates a “sexual offense” for purposes of the sex offender registry for patronizing the prostitution of a minor. This one has an estimated fiscal note of $137,300 in recurring costs. It remains in the Senate Finance Committee and has now been moved behind the budget in the House Finance Committee.